
Class J[li5._l 
BookiJjS/ 



tof'i 'I 



MEMORIAL 'AcVi 



OF THE 



DELEGATES 



APPOINTED BY VARIOUS SECTIONS 



OF THE 



DISTRICT or COLUMBIA, 



22d January, 1805. 

Read and referred to Mr. Nicholson, 
Mr. Thompfon, 
Mr. Plater, 
Mr. Lewis, and 
Mr. Lucas. 






fill 



TO THE SENATE AND HOUSE OF EEPRESENTA- 
TJVES OF THE UNirED STATES. 

1 he Memorial of Delegates appohjted by various 
sec!io7is oj the District oj Columhia, 

Respectfflly represents : 

THAT their constituents, at the commencement 
of the present session, with a view to ascertain the 
general opinion on such objects as might require 
the interpocition of Congress, and which by being 
presented in one view might supersede numerous 
petitions on subordinate points, so apt to distract 
the attention, and unnecessarily consume time 
claimed by national concerns, empowered your* 
Memorialists to take into consideration the situa- 
tion of the District, and submit whatever in their 
opinion its welfare required. 

Your Memorialists accordingly met at an early 
period, and rtiade considerable progress in the bu- 
siness confided to them, when their deliberations 
were arrested by the propositions offered for a re- 
cession of the district. As soon as a decision was 
made upon them, your Memorialists resumed their 
sittings, and now embrace the earliest opportunity 
in their power of inviting the attention of the legis- 
lature to the results of their dclibf,-ations. \x\ 
submitting these, they beg leave to state that they 
have refrained from noticing any objects, an atten- 
tion to which is not at the present time of indispen- 
sable importance to the interests of the District. 

The object, which^ from its superior interest, 
first engaged their attention, is the administration 
of justice. By a recurrence to the laws of Con- 
gress it apptars, that in organising the judiciary 



/^-tf^^ 






( 3 ) 

J3. system of the United States, fees were allowed to 
the oPiic<srs of the courts established in the respec- 
tive slates equal to those allowed in the supreme 
courts thereof, widi an addition of one third, to- 
gether with other emolumenis. The reason of 
this liberal allowance was doubtless the high grade 
of suits generally carried before those tribunals, and 
the great extent of country they embraced. \\ hen 
Congress assumed jurisdiction over this small ter- 
ritory, the same iees, it ij presumed, from inad- 
vertence, were allowed to the officers of the circuit 
court of the District of Columbia, as those allow- 
ed in the other circuits. Previous to this time, 
that portion of the District, which at present forms 
the county of Washington, was charged with fees 
similar in amount to those paid in the county courts 
of Maryland; and that portion, which now forms 
the county of Alexandria, was charged with the 
same fees as those paid in the county courts of 
Virginia. By this provision the fees have been 
incrt^ased in some instances to double, and in other 
instances to three times the amount paid under the 
states to which the portions of the district were 
attached. Local and peculiar circumstances, so 
far from creating any reason for this augmentation, 
strongly enforce a diminution. Among these 
are : 

The small size of the District. 

Its compact population. 

The increased number of suits before the cir- 
cuit court, h^om the extension of its cognisance 
to controversies for sums exceeding twenty 
dollars, the greater part ol which arise betw een 
tradesmen and mechanics in moderate circum- 
stances. 

Without going into detail, it may be proper to 
state, that where the defendant immediately on be- 
ing served with a writ, satisfies the den\and against 



( ^ ) 

him the costs are seldom less than ten dollars ; 
that, in a suit where the debt is not contested, but 
■which is carried into court solely for delay, the 
costs amount to thirty three dollars, even in cases 
where the debt does not exceed twenty-one dollars. 
In the case of an appeal from the decision of a ma- 
gistrate on a demand of 13 dollars, which was re- 
versed by the court, the costs incurred by the de- 
fendant amounted to about 130 dollars, nearly one 
third of v\ hich was in compensation to witnesses. 

Your memorialists need scarcely, after the state- 
ment of these fa6\s, and the mass of corroboratmg 
fadts herewith submitted, say, that the exisiing 
system presses with a Aveight upon the Distriel, 
that threatens in a short time to destroy the indus- 
try of the honest citizen, or drive him from it. 
In order to remove these evils your Memorialists 
pray a reduction of the fees of the officers of the 
circuit court, in the county of Washington, to the 
rates payable to the officers of the county courts 
of Montgomery and Prince George's, in the state 
of Maryland, at the time of the assumption of the 
jurisdiction by Congress ; and, of those of the 
officers of the circuit court u\ the county of Alex- 
andria, to the rates pa} able to the officers of the 
county court of Fairfax, in the state of \^irginia, 
at the same period. 

It is respectfully submitted, whetlier the impar- 
tial administration of justice does not require the 
repeal of so much of the act of Congress, entitled 
an ad additional to and amendatory of an act con- 
cerning the District of Columbia, as repeals the 
act providing for the compensation of the justices 
of the peace thereby created ; and as directs exe- 
cution on magistrate's judgments to issue from the 
clerk's office, and allows him a compensation there- 
for j and likewise so much thereof as relates to the 
compensation of jurors in the county of Wash- 



( 5 ) 

jngton ; which repeal your Memorialists have no 
hesitation m saying, will give general satisfaction 
to their constituents. 

Experience having proved the existence of va- 
rious defects in the militia system, it is recom- 
mended as the means of obviating them, and of 
rendering tlie system more acceptal'le to the inha- 
bitants of the District, that it be so altered as to • 
reduce the number of musters from eight, as now 
directed to be held, to five — that is, tiu-ee mus- 
ters in company, one in battalion, and one in le- 
gion ; to reduce the number of courts for assess- 
ing fines from six, v.s now dire6\cd to beheld, to 
four — that is, two battalion and two legionary 
courts; to make the persons of delinquents liable 
to arrest and imprisonment, not exccciJing twenty 
four hours, lor each day's non attendance, where 
property is not shewn vrhereon to assess the tii es; 
and to devolve tiie collection of fines on the Mar- 
shal of the District, as practised in the first in- 
stance, instead of collectors appointed by mili- 
tary courts, as is now the case. 

Your Memorialists further request tliat valid.ity 
may be given in the District of Columbia to letters 
testiimentary and of administration, granted in any 
part of tlie United States, in which the testator or 
intestate resided at the time of his deivth ; and that 
owners of slaves residing within the District, nuiy 
be permitted to remove them from time to tune 
from one county thereof to the other, without in- 
curring any penalty or forfeiture. 

Inconveniences liaving arisen from the want of 
competent authority, to lay out and keep in repair 
roads within the county of Washington, it is re- 
(picsted that adequate provision be made lor this in- 
teresting object. 

Your Memorialists are duly impressed with the 
lateness of the period of their application, and its 



( 6 ) 

possible interference with an attention to objects 
under the consideration of Congress : but they are 
likewise impressed with the belief that a sincere 
disposition exists to promote the general interests, 
of the District, and so far as they can be ascer- 
tained, to consult the wishes of its inhabitants ; 
having', however, made no request, not ditlated 
by considerations of great weight, and justified by 
a regard for the interests of their constituents, they 
entertain the hope that their representation will ob- 
tain the early attention of Congress. 

C. CONINGHAM, President, 

N. KING, Secretary, 

January 18, 1805. 



DOCUMENTS 

ACCOMPANYING 

THE FOREGOING MEMORLAL. 



The Committee app-^inted on the 19 th No'oemher 
1804, to 'whom ivas referred a resolution direct' 
irig certain enquiries to be made respecting the 
administration of law, and the fees allowed to 
the officers of the district court, offer thefolloiu^ 
tng report, as the result oj their labors. 

THEY have, from Herty's Digest of the Laws 
of Maryland, ascertained the fees payable to the 
clerks of the county courts of the state, and re- 
duced them from tobacco, to the currency of the 
United states, in paper marked A. 

They have also from the same source, obtained 
the fees payable to the shcrift's in Maryland, in the 
money of the United States, in paper marked B. 

They have from the law of Congress, chap. 125. 
sec. 1. passed on the 28 February, 1799, made an 
extract C. of the fees allowed to the Marshal ; 
which they have also entered in paper B. for the 
purpose of making the comparison between them, 
and the fees received by the sheriffs of Maryland 
for similar services. 



( 8 ) 

Tliry have from the same hwv, ascertained the 
!>■' s -f the clerk of ihe district court. inextra6l 
D. 'i'liese are entered, where for simihtr services 
ijiihe pa-xr A. for the purpose of comparing the 
coni])ensation of clerk of the district court, with 
the clerks of the county courts of Maryland. 

'i'he paper marked E. shews the number of suits 
on the decciuet, at each court or term since the es- 
ta!)li;.hinent of the county court, for the county of 
Washington : from this it will appear that at the 
three courts holden in 1801, quarter yearly, there 
were appearances 763, — imparlances ' 384^ — trials 
193, — aj)peals 8, — and criminal cases 71. At the 
three courts held in 1802, two of which were quar- 
ter yearly, and the third 6 months thereafter; there 
were 1,119 appearances — 657 imparls. — 746 trials, 
— 23 appeals, and 96 criminal cases. At the 2 
haU'yearlv courts holden in 1803, there were 880 
api)earai-.ces, — 723 imparlances, — 462 trials, — 17 
appeals, and 93 criminal cases : — That at the 
July term in 1804, there were 467 appearances, — 
316 imparlances, — 267 trials, — 7 appeals, and 65 
erimiiial cases. 

Desirable as it is, your committee cannot ob- 
tain •' the nature and amount of those suits, with 
the expences attending them, and the sums reco- 
vered," without paying a large sum in fees to the 
clerk of the court for searches, &c. or they would 
willingly have taken on themselves the labor of ex- 
tracting all the information which the documents 
would afibrd. Nor can they from the same causes 
obtain the facts relative to cases of insolvency ; 
and Avhich might throw light upon then- causes ; 
and shew how i'ar it is through the instrumentality 
of the judiciary establishment of the district that 
they occur. 

The number of criminal cases which appear on 
the docquet may be averaged at about ninety in 



( 9 ) 

each year, but the committee have not been able to 
ascertain tiie amount of lines imposed. 

The Marshal has been obli^inpj enouG^h to fur- 
nish the committee with F. the nmount of compen- 
sation paid to grand and petit jurors at March term, 
^802 — it being 711 dollars 75 cents. One of the 
committee benig referred to the Marshal's office, 
from the clerk's, for cliis information took the liber- 
ty of asking other information at the same time, 
which it was supposed might be obtained from that 
source G. The application was made to the de- 
puty Marshal at the office, as accident rather than 
design had led him there. Although unable to ob- 
tain the fa6ls wanted, the committee believe the 
disposition kiy with the Marshal and deputy, to 
furnish any information in their possession ; but 
not having complete returns of fees, judgments, 
&c. in the office, they could not satisfy the enqui- 
ries of the committee. 

From a professional* gentleman your committee 
have obtained the following information on the 
subject of uncontested claims. " That where the 
defendant is served with a writ, provided he imme- 
diately pays the debt, the costs are seldom less 
than 10 dollars." And that the expences atten- 
dant on a suit in the circuit court of the district of 
Columbia, in Washington county, on a debt of 
21 dollars, where the defendant does not deny it, 
but only wishes to obtain time by carrying it into 
court, are nearly as follows : The plaintiff's costs 
17 dollars 16 cents — the defendants 7 dollars 57 
cents, being 24 dollars and 53 cents incurred to the 
time of judgment. On execution issuing to clerk 
and marshal for issuing, poundage, serving fieri 
facias, swearing appraisers, &c. — a further ex- 
pence of about 7 dollars 97 cents will be incurred : 
Making in all, the sum payable by the defendant, 

B 



( JO ) 

to !x^ about 5i cKollars and 49 cents, instead of the 
orit^inal debt of 21 dollars ! I. 

The committee have not succeeded in tl^.-eir en- 
deavor to ascertain the expence of a suit where an 
average number of u itnesscs were summoned, ard 
the proceedings are ])rotra6\ed by appeal, delay, 
&c. but as an illustration of the efic6\ of these 
j'.rinciplcs, in a case not pursued to the extremity, 
they refer to the statement H. ,qivcn by a citizen of 
^Vashing■ton, of the expence he was involved in, 
by defending himself against what heconsideied as 
a gross imposition, and where he was supported in 
the belief by a previous adjudication. A claim of 
13 dollars was tried before a magistrate, and 
judgment given in favor of the defendant. The 
plaintiff by appeal carried the cause into court, — 
about four witnesses were examined — the judges 
determined on the appeal, reversed the decision of 
the magistrate, and the defendant had to pay about 
130 dollars ! 

At the first establishment of the court, the legal 
appearance fee of an attorney w^as fixed at ten dol- 
lars. This was, however, at one of the succeed- 
ingtcrms reduced to six dollars sixty seven cents, at 
^vhich sum ii now stands. 

On reviewing the information thus obtained, it 
has suggested certain observations, which the 
committee deem it proper lo submit to the consi- 
deration of the delegation. The sudden transition 
from the economical county courts of the state of 
Maryland, to the more dignified judiciary system 
o-iven to the district, however flattering to our va- 
nity, is not calculated to give satisfaction to those 
whom necessity impels into its vortex, or who take 
into view our real situation. For notwithstanding 
the per diem allowance to the Marshal, and the 
clerk of the court, we find their fees vastly more 
than the state officers received. By a com- 



{ 11 ) 

parison of the fees allowed to our federal officers, 
with those paid to the officers of the county 
courts of Maryland, it appears that the Clerk of 
the Court receives about tivo hundred and fifty per 
cent advance ! and the Marshal's fees are nearly 
double what the Sheriff of Maryland used to re- 
ceive. This great increase of compensation can 
scarcely have been ditlated by considerations of our 
local situation, for, in a distri<?t only ten miles 
square, and where the population is more collt6led 
than usual in counties of a state, it cannot bj sup- 
posed that additional labor would be imposed on 
the Clerk, or on the Marshal in the discharge of 
his duty : the reason of the case seems to point to 
a contrary conclusion. The circumstance, of this 
distrivfl being established as the seat of the general 
government, must increase its population by the 
removal of strangers into it, many of whom will 
be tradesmen and mechanics, whose small debts 
will constitute a large proportion of the business of 
the courts, and on whom this mcrease of expence 
in prosecuting their claims, must operate with pe- 
culiar hardship. If, on the other hand, these fees 
were given under the expectation, that from the 
smallness of the counties in the district, few suits 
would be instituted, and that the compensation of 
the officers ought therefore to be increased to ena- 
ble them to live ; the result seems to siiew that ex- 
pe6\ation was erroneous : As, either from the ex- 
tension of the jurisdiction to sums of twenty dol- 
lars, or the description of the inhabitants, the 
Washington county docket must afford a reasonable 
portion of business. 

The great labor, and perhaps impossibility of 
procuring all the fa6ts, relative to the expence of 
prosecuting, and the amount recovered, has pre- 
veiued the committee from obtaining an accurate 
statement ; yet from the docket of the terms which 



( 12 ) 

have already passed, they have ventured an esti- 
mate, of the annual expence to the county of 
Washington, and the probable amount recovered. 
1 he average number of appearances 
ib 988, in the year: of these suppose 
88 nre not served, it will leave 900 
suits on which appearance is entered. 
And supposing only two attorney's 
fees to each suit, although there are 
frequently four, the amount of at- 
torneys fees in Washington county Dollars, 
v/ill be annually upwards of - - - 12,000 
The average trial dock t is 512, to 
which suppose 200 have witnesses 
summoned, — two to each suit, and 
that thry have to attend four days on 

the average 2,000 

8upp o^.e the Clerk and Marshal's fees 
tot^tiher, on each suit where the De- 
fendant enters an appearance — ^ave- 
rago S5 -------'. - 4,500 

The supposed annual expence to the 
inhabitants of the county in the pro- 
becution of suits ------ 18,500 

The average yearly trial docket being 
5 1 2, suppose 400 of these are actions 
of debt, and will one with another 
be for 50 dollars each. Then the 
yearly sum lecovered in court will be 20,000 

Leaving an excess of the amount over 

the costs of - - 1,500 

It has often been considered as humane and be- 
neficial, particularly to debtors, that the trials do 
not take place until the third term after the institu- 



( 13 ) 

tion of of the suit ; — And a very large portion of 
suits are believed to be carried into court for the 
purpose of obtainini^ this delay. Instead of that 
effedl in this district, it appears that this delay 
costs between thirty and forty dollars — m man}' 
cases exceeding, and in some equal to the originul 
claim. That this expenee is frequently involunta- 
ry on the part of the debtor, and generally renders 
him the more unable to pay: a circumstance which 
even the professional gentlemen and officers com- 
plain of, and by which they lose a considerable 
portion of their fees. It appears to your commit- 
tee, as more correcl, as well as more humane, that 
the debt should be substantiated as soon as possible, 
and the delay of execution be given aiterwards. — 
In this case the creditor having evidence of the 
truth of his claim, can transfer or otherwise dis- 
pose of it, while the debtor, knowing the sum he 
has to pay for such a length of time previous to serv- 
ing an execution, might make his arrangements 
for its discharge. 

From every view your committee have been able 
to take of the subjccl referred to them, they are of 
opinion, that the Delegation ought to ask of Con- 
gress an inferior Court for the county of \Vashing- 
ton. That this court should be composed of 

That It should have original jurisdi6lioa 
in all cases between 20 and 100 dollars ; decide 
on appeals from a single magistrate, and determine 
on sums under 50 dollars without api^eal ; but that 
an appeal on matters of law should lie to the Cir- 
cuit Court for sums of 50 dollars or upwards, and 
the original jurisdi6\ion of the Circuit Court in 
eases of debt, be limited to 100 dollars. 

DANIEL REINTZEL, Chairman, 
NICHOLAS KInG. 
BEMJAMIN MORE. 



The Committee to ivbojii was referred the enquiry 
into the effects of our system of civil jurispru- 
dence^ on the county of JFashington^ beg league 
to report on the follozving subjects^ rcjerred to 
them : — 

1st. The effecl and operation of so much of a 
law of Congress, additional to, and amendatory of 
an a61 concerning the district of Columbia, as pro- 
hibits the taking of fees by justices of the peace ; 
and which authorise the clerk of the county court 
to issue executions on their judgments and take 
fees therefor. 

2d. The effe61 and operation of so much of the 
same law as compels jurors to serve without com- 
pensation. 

3d. And, the effe6t and operation of so much of 
the law as provides that " no capias ad satisfacien- 
dum shall issue on any judgment of a single magis- 
trate, or in any case, where the judgment, exclusive 
of costs, shall not exceed twenty dollars." 

On the fust subjeftyour committee have to ob- 
serve that the law and practice of the state of Ma- 
ryland, which authorised the magistrates to receive 
ft cs for transacting such business as came before 
ihem, was never complained of as a grievance, be- 
cause, the sun>6 allowed to be taken were in them- 
selves reasonable, and a bare compensation for the 
time necessarily employed. For issuing a sum- 
mons or warrant they were entitled to \1\ cents; 
for judgment 12i cents ; execution 12| cents ; ad- 
ministering an oath 6 cents ; taking bail bonds 25 
cents ; taking acknowledgments of deeds 25 ( ents 
to each magistrate ; summoning a venire 75 cents; 



( 15 ) 

' [lining an orphan's estate 75 cents ; and for several 
jlher duties imposed on them, fees equally ligh^. 

While these fees, small as they arc, were allow- 
cd, there was no cotnplaint of a disinclination on 
the part of the justices to attend to the adjustment 
of differences arising among our poorer but indus- 
trious citizens. The fees were received from a 
principle of justice, and the magistrate was recon- 
ciled to them by the consideration, that though an 
inadequate compensation for his time, they were 
generally puid by a class of citizens, depending on 
their labour for support, and less able to pay tlie 
whole, than the magistrate to abate part of his 
reasona'jle claim. The passage of the law which 
prohibited the magistrates from taking fees, was 
certainly an evil to the community ; its tendency 
was, to render the magistracy less attentive to their 
duties ; and, the adjustment of differences less easy 
of attainment to the poor ; it militated against the 
generally acknowledged principle of justice, par- 
ticularly in republics, that services ought not to be 
claimed where compensation for them is not al- 
lowed ; and it compelled many of our most useful 
justices of the peace to resign their commissions. 
While thus taking away from the magistrates, to 
whom all the trouble of trying the cases brought 
before them is given, the small compensation they 
had, — the law directs executions on their judge- 
ments to be issued by the clerk of the court, and 
gives him double the Jee which the magistrates 
were alhnved to take. 

The second subject of enquiry, seems attended 
with more disadvantages to society, than the first : 
for if there are a few who can give up a portion of 
their time, without receiving compensation, to the 
adjustment of differences between their felf^w citi- 
zens, and to whom the honor of the magistracy is 
desirable, they are still fewer in number, who can 



( 16 ) 

leave their affairs for whole clays, without previous 
noiice, and attend at a distance from home, at the 
most unpleasant seasons of the year, for other peo- 
ples advantage, without being paid for their atten- 
dance. When jurors were summoned for tlie term 
and received pay for their services, they made ar- 
rangements for the transaction of their business 
during their absence; those summoned were ge- 
nerally judiciously selected, respectable, and in 
some measure acquainted with those transactions 
in society, to which their enquiries would be di- 
rected. Under the present system how differently 
are we situated . during the whole court, the citi- 
zens best qualified for jurors, are obliged to keep 
out of the sight of the marshall and his deputies 
during the morning of the day when they ought to 
be attending to their business, lest they be sum- 
moned on the jury for the day : and the marshal is 
obliged to take those whom chance or design has 
thro\^ n in his way ; and they are sometimes tra- 
vellers, strangers toour habits,our manners and our 
laws ; who serving against their will may be more 
anxious to be discharged, than solicitous to do 
justice. 

The inconveniences felt from the operation of 
that portion of the law which prohibits imprison- 
ment for debts under twenty dollars, arise in a great 
measure from our peculiar local situation. Sub- 
ject to an influx of strangers, by the buildings go- 
ing on, and the vessels of the United States dis- 
charging their seamen in the city, debts of this 
description to a very considerable amount are con- 
tra61:cd by single men with our citizens : many of 
these contemplating but a transitory residence, and 
finding the operation of this law, have the dishones- 
ty to avail themselves of it, although thev possess 
sufficient to discharge their debts ; and instances of 
this kind of robbery, aggravated by insuk are not 



C 17 ) 

uiifrcQuent. Enemies as your committee are to 
every thing tyrannical in the execution of the law, 
they are induced to believe, that the tfu cl of ihis 
indulj^ence is neither iavorable to humanity nor 
justice ; that it is more an introdnd^ion to dis- 
honesty, than a provision of humanity in favor of 
the unfortunate : for few indeed have been the in- 
stances of committing the father of a f.tmily to pri- 
son for a small debt. The law, houever, now 
favors the idle vagabond, shakes the confidence 
which ought to exist among our citizens, and in 
many instances is supposed to prevent that lenity 
and indul.rrence to the unfortunate, and those hav- 
ing families which they formerly received. When 
the confidence of the citizen has been several 
times abused, he will of necessity withdraw it from 
others, and the innocent suffer from the injustice 
of the depraved. 

The committee therefore recommend the passing 
of the following resolution, as declaratory of the 
sense of ihe delegation on the subject of the fore- 
going report. 

Resohcd^ That in the opinion of the delegates 
of the district of Columbia, the repeal of so much 
of the act ot Congress, entitled an a6t additional to, 
and amendatory of, an act concerning the district 
of Columbia, as repeals the law providing for the 
compensation of justices of the peace thereby 
created, would be just, proper, and beneficial to the 
county of Washington ; as would also, the repeal 
of so much of the fourth section of said a6t, as 
directs execution on magistrate's warrants to issue 
from the clerk's office, and allows the clerk a fee 
therefor. 

DANIEL REINTZEL, 
NICHOLAS KING. 
C 



( 18 ) 

A. 
CLERKS' FEES. 

In county In diflrifSl 

courts of court of 

Maryland. Columbia* 

D C. D. C. 

Issuins: writ and return, - 16 1 £6 4 

O ' 3 3 

Filing every declaration if not re- 



corded^ - - - 3 



A copy if demanded, per side, 6| 8| 

Every appearance entered of ei- 
ther party, - - - 6 § 13 

Entry of every imparlance, - . 31 8f 

For every continuance or refe- 
rence, to be charged on plain- 
tiff only, . ' . . 5 8f 

Every subpoena including all per- 

sonsapplied for atthe same time, 10 26 1 

Rule to plead or trial moved for 

and entered, - - 3i 'Bf 

For making up issue or issues in 
every suit when done by the 
clerk, _ - - 

Entering and signing judgment, 

A venire facias for jurors if issued 
by order of court, 

Entering the pannel, 

Copy pannel, ... 

Taxing and signing bill of costs, 

Copy thereof if demanded with 

the articles at large, - - 8 f 17 

Issuing execution and filing the 
same, without any charge for 
copy of judgment, ■ - - 16 1 31 



10 


40 


25 


57 


10 


351 


3| 


8| 


^\ 


8| 


81 


17 1 



6§ 


17 § 


6! 


17| 


6| 


17 


6| 


22 


5 


8^ 


6| 




6| 


17 


6^ 


17 



( 19 ) 

For filing every special bail taken 

in or out of court, - - 3 ^ 17 

A writ of enquiry of damages per 

side, - - - - 

For entei ing an appeal, 
Return of Certiorari or habeas 

corpus, and copy of record per 

side, . . . - 

Entering a writ of Error, 
Every oath taken in court. 
Proving a deed or writiiig, 
For entering fieri facias per side. 
The same fee in digits^ 
Recording the marks of cattle 

or hogs, - - - 5 

Recording a conveyance per 

side, - - - - 6* 17 

AUov/ance of habeas corpus, - 6| 17 

For all searches, \hc first year 

nothings . . . . - 
For all searches above one year, 

if found, - - . - 16 1 31 

If copy taken, then per side, - 6| - 17 
Every fi. fa. per side v.ithout 

any charge for search or copy 

of judgment, - - - 6| 17 

Short copy judgment if express- 
ly demanded, . - - 16-1 :i5\ 
Attachment and fieri facias, - 30 57 
Habeas corpus, and filing the 

same and return, - - 31 48 1 

Duces tecum, and return, - C6 fpc^rfitlc, 17 

Taking security or condemna- 
tion, entermg a61ion agreed, 

discontinued, struck off or 

abated, .... 31 41 



3 



( 20 ) 

Commission to examine evidcn- 

(Jencfs and return per side, C f 17 

A continuance or reference to 

be charged to plaintiff only, 3i 8f 

For filing every special plea, 3 | 8 | 

If recorded per side, - - 6f 8| 

For filing every replication, - 3i 8| 

For filing rejoinder, sur-rtjoin- 

der, - . . . 3 ^ 

And for every other pleading, 

lormaknig up, issue for each. 
For filing demurrer, and joinder 

in dt uiurrer, - - - 

Forfihng every account, 
For recording or copying ge- 
nerally, - . - , 
For entering return of every 

writ or other process, 
For filing every othtr paper, 
For every rule by order of court, 



The above table of the fees ot the Clerk of the 
county courts of Maryland is taken from Herty's 
Digest of the laws, and the tobacco fees there al- 
lowed are reduced into cents, or the currency of 
the United States. The corresponding fees ol the 
clerk of the distri6l court of Columbia, are taken 
from the iee bill of the general court of Maryland 
in the same work, and one-third added thereto, 
agreeably to the law fixing the fees of the officers 
of the distri6l courts of the United States. These 
are also reduced from tobacco as kept in Maryland, 
to the currency of the United States, as more fami- 
liar to citizens of other states. The amount of 
each column is taken as a mean of comparison of 
the fees paid to the clerk while we reanained sub- 



31 


8! 


3| 
31 


8| 

8f 


6| 


17 § 


3| 
3i 
3i 


8! 
8| 
8§ 


3 45 


8 16i 



( 21 ) 

jc6^ed to Maryland, with those now imposed by the 
United States, makmg about 250 per cent, advance ! 
By the a6l ofConsjress fixing the fees passed the 
the 28th February 1799, an additional compensa- 
tion of 5 dollars a day during the courts, and 10 
cents a mile travelling to them from hi» residence, 
is allowed. 



CRYERS* FEES. 


' 




Co. Co. 


Ma- 


Diftiia Co. 


ryland 




Columbia. 


D, 


Cts. 


D. Cts, 


Swearing every jury, 


60 


2 35 


Bailiflf, 


6! 


22^ 


Every other oath, - - - 


5 


il 


For special bail. 


35 f 


1 19§ 


Clearing every prisoner by pro- 






clamation if required. 


50 


I 33 i 


Recording every recognizance. 


26 1 


44^3 


1 


81| 


5 55| 



The above fees are made out in the same manner 
and rates as in the preceding table of clerk's fees. 

Instead of the above fees, the cryers in the United 
States and bailiffs are to have 2 dollars a day by aft 
of 28th February, 1799. 



( 22 ) 

B. 

THE MARSHAL'S FEES, 

Under the ads of Congress. 



Ma- 
the 
here 
xed. 




« 


w t- o 






rt 


15 ^^J 


o o tij s 


(U <u 




^ ^ o 


^ ^5 Ji 








^ -^^ J s 


5^ -5 


o 


£ S S S 








J o !=• 




J3^ 


S 


^^ ;* --i ^ 


U-) C' p: o 


c75 o 


> 


H 


D. C. 


Z). 


C. 


D. 6'. 


45 




45 


2 


22 




22 


50 



Servinga writ and return, 

Taking bail bond, 

Collecting officers fees, 6 
per cent. 

For ever}' commitment and 

releasement, - - 26 1 2C| 50 

Empannellinga jury, - 1 50 

Serving Heri facias, in- 
eluding persons sum- 
moned, - - 38 1 38 § 2 

Serving citation, - 38| 3S§ 50 

Executing a v/arrant of 

survey per day, - 1 25 

Summoninsc evidences to 
prove the bounds of 
land, each - - 38 1 38 § 50 

If empowered to swear evi- 
dences, for each person 16§ 

Serving a subpcena and 

return, - - . 38| 38§ 50 

For keeping a prisoner in 
gaol and finding him vic- 
tuals per day, - - 20 



( 23 ) 

B.C. D. C. D C. 

Serving a writ of possessi- 
on in cje6\ment and ret. 186 186 2 

Serving an ejeclment and 

return, - - - 85 85 2 

Serving an attachment and 

return, - - - 63 i 63} 2 

Serving a Avrit ofeslrepe- 

ment and return, - 1 25 1 25 2 

Servingneexcat and return, 3 o'2^^ 

Serving a copy of declara- 
tion or short note, - ijl 

Summoning appraisers, 

each, - - . 38| 38§ £0 

S Tearing the same, for 

every oath, - - 16 1 

Serving an attachment on 
judgment, or execution 
and return, . 131 13 1 2 

Executing a writ, ad quod 
damnum, &c. per day, 1 25 

Empanelling a jury on the 
same, - - 3 

Swearing them, for every 
oath, - . 16» 

Taking an inquisition, and 
returning the same with 
the writ, . 1 25 

Serving a writ of restitution 

and return, - . 1 86§ 1 864 2 

Empanelling a jury to en- 
quire of forcible entry, 
&c. . . 3 

For each person summon- 
ed as an evidence, - ZQ^ 3Si 50 

For summoning chain car- 
riers, each, - 30 2 

For swearing, do. each oath, 16| . 



( 24 ) 

Z). C, B.C. D.d, 

For an arrest on warrant and 
return in criminal ca- 
ses, • - 30 
For servingduces tecum, and 

return, - - 30 

Return on an attachment, 

when mesne process, 13^ 

For laying an attachment in 
any garnishees's, hands, for 
each garnishee, - - 38| 
For goods and chattels 
which are taken on at- 
tachment the same fees 
as chargeable in execution. 
Returniug fieri facias, or re- 
plevin, each - - 13^ 
The same fees upon a fi. fa. 
or replevin as on attach- 
ment. Also, the same fees 
on appraisemement and 
sale of goods distrained 
and sold for rent. 
Serving writ of retorno ha- 

bendo and return, - 1 25 1 25 2 
Scrvinar writ of destringas 

and return, - - 1 25 1 25 2 
Serving a return of eligit 

or liberati, - - 1 25 1 25 2 
Empannelling a jury on 

eligit or extent, - 3 
For swearing the same 

each, ... 16§ 

Servinsr writ of restitu- 

tion, - - - 1 86| 1 86| 2 
Summons in partition 
for every person sum- 
moned and return, 38| 38| SO 



( 25 ) 

D. C. D. C. D. C. 



Serving writ of partitl- 

on and return, - 88^3 38 1 2 

Empannellinaj jury thereon 3 

Su caririj^ the jury, each 1 6 ] 

Attendance per day, - 1 25 

Servinp^ an attachment in 

partition and return, 1 50 1 50 2 

Returning enquiry of da- 
mages, - - 1 25 

Empannellingjury there- 
on, ... 3 

Swearing the jury each, 16 ' 

Attendance per day, - 1 25 

Proclamation of rebellion 

and return, - - 1 50 

Serving with, and re- 
turn, - - - 1 25 ] 25 2 

And the same fees allowed 

as in replevins. ■ — -— 

18 99 34 

The fees in the foregoing table are all reduced 
from tobacco into the currency of the United 
States. From this it will appear that in those 
cases where the marshal's fees differ from the she- 
riffs, they are nearly doubled. And that they are 
what constitutes ihe principal dudes of his office. 
And that the marshal has in addition 5 dollars per 
day for attending court, and 4 dollars for sum- 
moning the grand jury. 

These fees are from Herty's digest of the laws of 
Maryland and the United States. 

D 



( 26 ) 

c. 

MARSHAL'S FEES, 
By act of Cong. Feb. 28, 1799, chap. 125, sec. 1. 

Dol. Cts. 
For the servi^'e of v/rlt^ warrai.it, attach- 
ment or process for each person so named, 2 00 
For his travel in serving, per mile, - 05 

For each bail bond - - - 50 

For summoning witnesses or appraizers, 

each, . . - _ 50 

For every commitment or discharge of a 

prisoner, . - „ _ 50 

For every proclamation to ihe admlty. - 30 

For sales of vessels or other property, un- 
der 500 dollars, 2-1 percenc. — over that, 
I \ per cent. 
Summoning a grand jury, - - 4 00 

For attending circuit court per day, - 5 00 

For all other services not herein enumerated, 
except as shall be hereafter provided, such fees and 
compensations as are allowed in the supreme courfe 
of the state where such services are rendered. 



CLERK'S FEES 

Of a Circuit aind District Court. 

Act of U.S. passed Feby. 28, i199— chap. 125. 

'' THE same fees as are allowed in the Supreme 
court of said state, with an addition thereto,^ 



( 27 ) 

of one tlilrd of the same fees ; and 5 dollars per 
day for his attendance at any circuit or distridl 
court, and at the rate of 10 cents per mile Ironi 
the place of his abode." 



By the same a61, the Cryers and BailifTs arc al. 
lowed 2 dollars per day. 



C 28 ) 

E. 



A STATEMENT 

of suits ^ on the several docqiiets^ C. C. Dis. Co/, 
IVashingtoii county^ cxclushe of capital oj^ 
fences. 



Terms. 


Pi 






a 
5" 






O 

£ 


1801. 
















June term, 


200 












3 


Sept. term, 


300 


195 




4 






32 


Dec. term, 


263 
763 


189 


193 


4 






:^6 




384 


193 


8 






71 


1802. 














March term, 


272 146 


329 


7 






27 


Ju;y term. 


386 235 


216 


8 






24 


Dec. term, 


461 


276 


201 
746 


8 




~ 


45 




1119 


657 


23 




96 


1803. 
















July term. 


514 


331 


245 


11 






61 


Dec. term, 


366 


392 


217 


6 






32 




880 


723 1 


462 


17 






93 


1804. 


( 












July term, 


467 


316 


267 


7 






65 



The number of appearances is the number of 
suits brought — including as well those not served 
as those which are served. And the subsequent 
courts include the appearances of the former courts 
not executed. 



( 29 ) 

The appeals are brought forward from every 
court — at least such as are untried. 



H. 

THADDY HOGAN 

Aga'mst 
WILLIAM RHODES. 

Thaddy Hogan sued for the loan of a bed, while 
it was held for the Marshal, who had attached it 
in consequence of judgment against Hogan. Ho- 
gan's claim was about 13 dollars — Brought before 
a Magis'rate, who gave judgment aganist Hogan. 
Hogan carried it into the court by appeal, where 
the Judges reversed the judgement of the Magis- 
trate, and Rhodes had to pay about 130 dollars. 

Determined in July^ 1803. 

The above statement was made by William 
Rhodes to N. Kmg, for the purpose of beine laid 
before the Delegation, on Monday, 26Lh Novem- 
ber, 1804. N. K. 



( 50 ) 

I. 

EXPENCES OF AN UNCONTENDED SUIT. 

ESTIMATE of Expences attendant on a Suit in 
the Circuit Court of the District of Columbia^ 
for Washington County, 
A debt of S21 00. 

The instant a defendant is served vrlth 
a Avrit, provided he immediately pays 
the debt, the costs are seldom less 
than . . _ . 10 00 

The expenees of a writ — To the Clerk 
(which varies as the length of the 
r pleadings vary) 465 lbs. of tobacco g 7 92 

Attorney's fee 6 67 

Marshal — for serving the writ, bail 

bond and leaving copy nar. - - . 2 57 



Plaintift's Costs, - - 17 16 
Defendants Costs — Attorney 6 67 
Clerk 42 lbs 70 



7 



Thus far to the time of judgment - g 24 53 



An Execution issues against the De- 
fendant, - - - debt - - - S 21 00 
Cost, - - 24 S3 





45 


SZ 


Clerk's fees for issuing 






Executions 58^ 




99 


Marshal's for serving 2 00 






Poundage or 26. 67 2 00 






7H^ercentl8. 86 1 30 


K 


9.C\ 



51 82 



( 31 ) 

If a fi. fa. ad. cost for swear- 
ing appraisers - - - - 



S 54 49 



Cofjy of Presentment by Grand Jury. July term., 

1804. 

DISTRICTor COLUMBIA, ? ,„^^ ^gg,. 

County oj li asbington^ 3 

WE, the Grand Inquest of the United States 
for the district and county aforesaid, do on our 
oaths present as a grievance, .90 much of the act oi 
Congress, entitled " an pct additional to, and amen- 
datory of an act " entituled " an act concerning the 
district of Columbia," as goes to repeal certain 
parts of two acts of Congress, whereby compensa- 
tion was allowed to justices of the peace and to 
jurors. 

We also present as a further grievance the ex- 
orbitant fees allowed to the attorney general, the 
gentlemen of the bar, the marshal and the clerk as 
practised in the circuit court of said county. 

The above presentment is founded on the incon- 
sistency of requiring services of one description of 
persons without compensation and providing for 
others so liberally as to be productive of serious 
injury and evil to a considerable portion of the 
community. 

We fiirtlier present as a grievance, so much of 
the act of Congress as exempts the persons of 
debtors for sums not exceeding twenty dollars fiom 



( 32 ) 

imprisonment, and the method now exercised of 
summoning daily the petit jurors. 

It is respectfully solicited that the honorable 
court will order the above presentment to be pub- 
lishfd m the City and George town newspapers, 
and also to have the same laid before Congress at 
then* next session. 

THOMAS CORCORAN, Foremaru 

True Copy — 
Testis, 
URIAH FORREST, Clerk. 



IRRA«'?fi 



